Trying to finalize Medicaid approval for my father in law and we just found out last week that the home that was transferred 2yrs ago to the children needs to be transferred back to my in-laws. 2 of the siblings have signed to re-deed, but the 3rd sibling will not do it. He says he will not because he is not having the State take the house. My MIL still resides in the home as well as an MRDD/disabled daughter. Is there anyway AT ALL to make this happen?
The son who is holding out may sincerely think he is standing on principle and preserving the family home. Maybe. But he is hurting his family, not the government. So maybe he is just a gold-plated jerk.
If FIL goes on Medicaid the state will not take the house while his wife is living in it. And, because there is a disabled daughter involved it may be exempt from state recovery even after Mom dies. These are things an Elder Law attorney can help you determine. If the holdout son is well-intentioned but misguided, perhaps getting professional advice will sway him. If he is just a jerk, you might be screwed.
Sigh.
See an Elder Law specialist. Sorry that didn't happen two years ago.
Pam is on track with the tax threat. I was executrix for an aunt & there was a worthless nephew who was all upset that he was not named executor, lots of noise about challenging the will, yada, yada.... Now worthless had been lent $$ over the years by auntie too. My being named truly was out of the blue for me. Aunt had told her attorney of her concerns with worthless, so he know the backstory. Anyways, the attorney said to me do you want to go quash this from the get go & I agreed. What we did was that I sent out a registered letter as executrix to him with a W-9 for the current year and for several past years. In the letter it stated that taxes would be file for deceased aunt and all funds given to him would be reported and that we would be looking to do amendments to past years taxes too and please also fill out those forms as you will have a tax liability from the $ she gave you in the past & if you don't we still will file with the IRS but include that you refused to comply with providing W-9. That pretty well shut him up. He is still pissed from what I understand too. Whatever……
Now for your own worthless family situation, you can do the same (a W-9) as there should be some sort of gain from the transfer that has tax implications. For even more fun, you can also send him an I-9 which is the Homeland Security Form. If he is one of those "hate the gov-mint" types, he will just foam at the mouth on having to do an I-9. Nowadays everybody has to do both W-9 & I-9 to get paid, so this is really not a big deal except to the anti-gov folks. Good luck and can you please update us with what the attorney says? thanks & have a great July4th!